[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72744-72745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de07-99]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Oral Declarations No Longer Satisfactory as Evidence of
Citizenship and Identity
AGENCIES: U.S. Customs and Border Protection, Department of Homeland
Security.
[[Page 72745]]
ACTION: Notice.
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SUMMARY: U.S., Canadian and Bermudian citizens entering the United
States at land or sea ports-of-entry must establish their identity and
citizenship to the satisfaction of a U.S. Customs and Border Protection
(CBP) Officer. Under current CBP procedures, such individuals may
provide any proof of identity and citizenship. While most individuals
provide documentary evidence of citizenship, such as a passport or
birth certificate, individuals may, depending on the circumstances, be
admitted on an oral declaration. Accordingly, CBP is amending its field
guidance procedures to instruct CBP officers that citizenship
ordinarily may not be established using only an oral declaration.
This Notice informs the public that, effective January 31, 2008,
all travelers will be expected to present documents proving
citizenship, such as a birth certificate, and government-issued
documents proving identity, such as a driver's license, when entering
the United States through land and sea ports of entry.
DATES: This notice is effective January 31, 2008.
FOR FURTHER INFORMATION CONTACT: Colleen Manaher, WHTI, Office of Field
Operations, U.S. Customs and Border Protection, 1300 Pennsylvania
Avenue, NW., Room 5.4-D, Washington, DC 20229, telephone number (202)
344-3003.
SUPPLEMENTARY INFORMATION: All travelers entering the United States are
inspected by a Customs and Border Protection (CBP) Officer. To enter
the United States in conformance with the Immigration and Nationality
Act (INA), U.S. citizens, Canadians and Bermudians must satisfy the CBP
Officer of their identity and citizenship. See 8 CFR 235.1(b) and
235.1(f)(1).
In accordance with current CBP operational procedures, a CBP
Officer may accept documentary evidence of citizenship from U.S.
citizens arriving at land or sea ports of entry from within the Western
Hemisphere, such as a passport or birth certificate, or may accept an
oral declaration if, depending upon the circumstances presented, such a
declaration is deemed sufficient to prove citizenship. When assessing
an assertion of citizenship, the CBP Officer may ask for additional
identification and proof of citizenship until the CBP Officer is
satisfied that the traveler seeking entry into the United States is a
U.S. citizen.
Similarly, certain nonimmigrant aliens who are citizens of Canada
and Bermuda are exempt from presenting a passport when entering the
United States as nonimmigrant visitors from countries in the Western
Hemisphere at land or sea ports-of-entry. 8 CFR 212.1(a)(1) and (2).
Like U.S. citizens, these travelers are required to satisfy the
inspecting CBP officer of their identities and citizenship at the time
of their applications for admission. 8 CFR 235.1(f)(1). In accordance
with current CBP operational procedures, a CBP Officer may accept
documentary evidence of citizenship from Canadian and Bermudian
citizens arriving from within the Western Hemisphere, such as a
passport or birth certificate, or may, depending upon the circumstances
presented, accept an oral declaration.
CBP is now amending its field instructions to direct CBP Officers
to no longer generally accept oral declarations as sufficient proof of
citizenship and, instead, require documents that evidence identity and
citizenship from U.S., Canadian, and Bermudian citizens entering the
United States at land and sea ports-of-entry.
Upon implementation, these changes in procedure will reduce the
potential vulnerability posed by those who might falsely purport to be
U.S., Canadian or Bermudian citizens trying to enter the United States
by land or sea in reliance upon a mere oral declaration. Beginning on
January 31, 2008, a person claiming U.S., Canadian, or Bermudian
citizenship must establish that fact to the examining CBP Officer's
satisfaction by presenting a citizenship document such as a birth
certificate as well as a government-issued photo identification
document. CBP retains its authority to request additional documentation
when warranted and to make appropriate individual exceptions.
The instruction for CBP Officers to no longer generally accept oral
declarations alone as satisfactory evidence of citizenship is a change
in DHS and CBP internal operating procedures, and therefore is exempt
from notice and comment rulemaking requirements under the
Administrative Procedure Act, 5 U.S.C. 553(b).
On June 26, 2007, the Department of Homeland Security (DHS) and
Department of State (DOS) published a joint notice of proposed
rulemaking to implement the final phase of the Western Hemisphere
Travel Initiative (WHTI) and require persons entering the United States
from Western Hemisphere countries to present a passport or other travel
document as determined by the Secretary of Homeland Security. See 72 FR
35088. In the NPRM, DHS also explained that, separate from WHTI,
beginning January 31, 2008, CBP would no longer accept oral
declarations alone as proof of citizenship or identity at land and sea
border ports-of-entry.
DHS received five comments in response to the NRPM discussion on
the change of practice concerning oral declarations. Although, as
discussed above, the amendment to CBP procedures does not require
notice and comment rulemaking, DHS will address those comments in the
WHTI final rule. In summary, those comments were concerned about
increased traffic and resulting travel delays at land border ports-of-
entry stemming from document requirements. CBP will rely on its
operational experience in processing travelers entering the United
States by land to ensure that these changes are implemented in a manner
that will minimize delays while achieving the security benefit
underlying WHTI.
Accordingly, effective January 31, 2008, CBP Officers will no
longer generally allow travelers claiming to be U.S., Canadian, or
Bermudian citizens to establish citizenship by relying only on an oral
declaration. Beginning on that date, all travelers, including those
claiming to be U.S., Canadian, or Bermudian citizens arriving by land
and sea will generally be expected to present some form of
documentation to satisfy the CBP Officer of his or her identity and
citizenship. For example, such documentation may include a government-
issued photo identification document presented with a citizenship
document, such as a birth certificate.
Dated: December 14, 2007.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E7-24691 Filed 12-20-07; 8:45 am]
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